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Case Management Conference Question???


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I have a Case Management Conference scheduled in a few weeks and after doing a lot of reading here, I have a question.

I'm in California and the suite falls under rule 3.740 which state in part that "The case management rules that apply to all general civil cases under rules 3.712-3.715 and 3.721-3.730, unless a defendant files a responsive pleading" is exempt. I didn't file a "responsive pleading" so why do I have this Case Management Conference coming up?

Also, what can I expect at the meeting, will I need to prepare to argue anything? Any guidance will be much appreciated.

Please forgive me if this is a dumb question, but I'm just trying to I'm just trying to understand this whole process.

Thanks in advance for any replys... you people are truly awesome!!

rt

Almost forgot! Could someone also please point me to where I can find some good Rogs, Request for Admissions, and request for Docs I can serve on the JDB? I need to get these off right away... THANKS!

Edited by Rivertime
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I didn't file a "responsive pleading" so why do I have this Case Management Conference coming up?

Oh no! Say it ain't so! Please tell me you filed an Answer to the lawsuit. If you did, that's a "responsive pleading". If you didn't, you're toast. They're going to win by default, and your questions about Discovery are a waste of time.

So for a moment I'm going to assume you DID file an Answer, denying their claims and asserting Affirmative Defenses. Let me sort of lay out how this works, bearing in mind that things may vary slightly from county to county.

Case Management Conferences are held to make sure the case is moving along. They amount to little more than the parties checking in with the court. The first CMC is usually held to make sure the defendant has been served. If not, the court will "direct" the plaintiff to serve the defendant, and schedule another CMC.

If the defendant (you) has been served, and you have filed an Answer, the first CMC is usually vacated (cancelled) automatically and the next CMC is scheduled. I haven't read the court rules you cite, but this is where I've encountered before stuff about "unless a defendant files a responsive pleading".

If the defendent has been served, and the plaintiff has filed their Proof of Service, but an Answer has not been filed, at the CMC the court will direct the plaintiff to file an Entry for Default Judgment. I hope this isn't happening to you.

Assuming you've Answered and the first CMC is vacated, the next CMC will be held to deterimine if the parties are ready for trial. Except for the first CMC, both parties must file a Case Management Statement (the form is available on-line) beforehand. The CMS contains basic case info, including whether or not Discovery has been completed, and if not, when it will be completed. Typically, at the second CMC the parties are still in the middle of Discovery, so a third CMC will be scheduled. At this third CMC, if Discovery is completed, the trial will be scheduled.

It's a long, dragged out process.

Good luck.

DH

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THANK YOU!

As I've said before, I'm swimming in new waters here... LOL! I just didn't know the terminology, thanks again.

Yes, I have answered the Summons, filed the Case Management Statement, and have answered their Rogs, Request for Admissions, and Production of Docs. I am going to send them a BOP today and am researching what Rogs, Request for Admissions, and Production of Docs I should send them. I'm also working on a "Motion to Preclude" their "Affidavit of Correctness" they supplied me from the JDB they purchased the account from.

Anyway, thank you again for laying out the process, I guess I have nothing to be too nervous about for the first CMC.

Any suggestions on where I can look for effective Rogs, Request for Admissions, and Production of Docs that I can send them?

Thanks again

rt

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I'm going to point you to a couple of old threads. Note that in my wife's case, our attorney did not send Requests for Admissions, just Interrogatories and Request for Production of Documents. The last one is really the key. You want them to produce the evidence they are going to use against you - or find out they don't have any.

This thread points to some forms that are available. I don't know of a form for Request for Production of documents, so do that from scratch in pleading paper format.

http://www.creditinfocenter.com/forums/collections/301255-discovery-questions.html

In this thread I specifically mention some Production of Documents requests, and some Requests for Admissions, which may not be appropriate for you:

http://www.creditinfocenter.com/forums/there-lawyer-house/299482-ca-request-production-documents.html

Hopefully this gets you started.

Good luck,

DH

P.S. My memory is getting fuzzy in my old age, plus I've been away from the boards for a while, but then I remembered these Requests for Admission which might be appropriate for you

- Admit that plaintiff is not the Original Creditor

- Admit that plaintiff has not provided defendant with a copy an agreement signed by defendant wherein defendant agreed to pay the creditor

- Admit that plaintiff has not provided defendant with a copy of the agreement between plaintiff and the original creditor which gives plaintiff the authority to collect on this alleged debt.

- Admit that plaintiff has not provided defendant with a complete accounting of the amount claimed, showing all charges, payments, interest, fees, and penalties

Edited by debtorshusband
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Production of documents is all you need unless you have some arcance, devious strategy like some people around here, no names mentioned, who want to set up their adversary for a counterclaim and / or a good old fashioned A** kicking in court. You need a pretty good understanding of legal strategy to use ROGs effectively. All it takes is about 2000 hours of study time. Here's how I'd answer these suggested requests if I was the JDB lawyer: tongue in cheek, of course, just to make a point. Gotta have some fun here once in a while.

Admit that plaintiff is not the Original Creditor

ADMITTED: No s*** Sherlock, you figured that out? We bought your account from them, you now owe us the dough. Cough it up or we'll garnish your dog. Also see our discovery where we ask if you have gold fillings and sleep with your mouth open.

- Admit that plaintiff has not provided defendant with a copy an agreement signed by defendant wherein defendant agreed to pay the creditor

ADMITTED: Credit card agreements are not signed. Never have been, never will be. They are issued. Enclosed is a copy of the agreement in force when you applied for the account.

- Admit that plaintiff has not provided defendant with a copy of the agreement between plaintiff and the original creditor which gives plaintiff the authority to collect on this alleged debt.

DENIED: It's in the credit card agreement we can't prove we sent you. Assignment was agreed to as one of the terms of the account. Anybody can buy your debt and pursue you. What shape is your liver in? Those things can be worth big bucks.

- Admit that plaintiff has not provided defendant with a complete accounting of the amount claimed, showing all charges, payments, interest, fees, and penalties

OBJECTION: This is a request for documents, not a request for admissions. If defendant wants to see our hand, he must file Motion Number 3,556,999.112 section B paragraph 3c as annotated, herein known as the "all in" Texas Hold-'em Unabomber motion in which the defendant bets everything he owns that we're wrong and don't have the documents.

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Production of documents is all you need unless you have some arcance, devious strategy like some people around here, no names mentioned, who want to set up their adversary for a counterclaim and / or a good old fashioned A** kicking in court. You need a pretty good understanding of legal strategy to use ROGs effectively. All it takes is about 2000 hours of study time. Here's how I'd answer these suggested requests if I was the JDB lawyer: tongue in cheek, of course, just to make a point. Gotta have some fun here once in a while.

Admit that plaintiff is not the Original Creditor

ADMITTED: No s*** Sherlock, you figured that out? We bought your account from them, you now owe us the dough. Cough it up or we'll garnish your dog. Also see our discovery where we ask if you have gold fillings and sleep with your mouth open.

- Admit that plaintiff has not provided defendant with a copy an agreement signed by defendant wherein defendant agreed to pay the creditor

ADMITTED: Credit card agreements are not signed. Never have been, never will be. They are issued. Enclosed is a copy of the agreement in force when you applied for the account.

- Admit that plaintiff has not provided defendant with a copy of the agreement between plaintiff and the original creditor which gives plaintiff the authority to collect on this alleged debt.

DENIED: It's in the credit card agreement we can't prove we sent you. Assignment was agreed to as one of the terms of the account. Anybody can buy your debt and pursue you. What shape is your liver in? Those things can be worth big bucks.

- Admit that plaintiff has not provided defendant with a complete accounting of the amount claimed, showing all charges, payments, interest, fees, and penalties

OBJECTION: This is a request for documents, not a request for admissions. If defendant wants to see our hand, he must file Motion Number 3,556,999.112 section B paragraph 3c as annotated, herein known as the "all in" Texas Hold-'em Unabomber motion in which the defendant bets everything he owns that we're wrong and don't have the documents.

That's pretty funny right there, I don't care who you are... LOL!

I've already sent off the BOP and I'm planning on sending off a request for documents too if y'all don't think it would a waist of time?

Thanks for the help and the laughs...

rt

Edited by Rivertime
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By all means, send the BOP. Most JDB lawyers are too stupid to relalize that it doesn't apply to account stated cases. Then again, they may not have mentioned account stated in the complaint. You didn't post it, which is critical. These cases are won or lost with documents. Interrogatories are a waste of time. You need to post more info, post the complaint so we know who we're deaing with. OC, JDB, CIA, whomever.

Y'all? You're not like from like California, like are you? If you were, you'd have spent like $200,000.00 like pursuing like a degree to be like a social worker? You know? Like you could make like minimum wage at that, which is like a real bummer, because like Donald Trump has like more money than me and that's like not fair because I'm like a 2 percenter like which means my IQ is like 2 percent of everybody else's, like you know what I mean?

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And the laughs keep comin' LOL, remember tip you waitresses.

Yeah, man, I'm like a native, man, born and raised, man , in Cali... LOL!

I apologize, I should have been more clear. My case is almost exactly as a case posted in a thread started by Shelbee, http://www.creditinfocenter.com/forums/there-lawyer-house/310867-being-sued-gcfs%3B-answered-complaint-next-step.html , even the docs are the same, it's wild. I just used the great recommendations that were given in that thread rather than start a new one and ask the same questions. I probably should have mentioned that sooner.

I'm being sued for Breach of Contract and Common Counts. I don't know if either qualifies as an "Account Stated" case. The only place in the complaint where is says anything like that is as follows:

CC-1. Plaintiff GCFS, INC. alleges that Defendant became indebted to XPlaintiff's assignor Xwithin the last four years Xbecause as account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.

Then it jumps to section CC-2 where it says a dollar amount $X,XXX.XX, which is the reasonable value, is due and unpaid despite plaintiff's demand.

Does that make it an "Account Stated" case?

Following other advice from this forum, I'm currently asking for some guidance in preparing a motion to preclude the "Affidavit of Correctness" they provided and go after their standing in the matter.

I hope this helps.

Thanks again for the laughs y'all... LOL!

rt

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